MCAT Shop Talk: Concussion Litigation and Legal Topics for Athletic Trainers

May 2021 Virtual MCAT ShopTalk: Concussion Litigation and Legal Topics for Athletic Trainers

Presenters: Hosted by Chris Meny, Presnters: Steve Pachman, Esq., Dylan F. Henry, Esq., and Kacie Kergides, Esq.

Wednesday May 19th, 7:00pm-8:30pm

Free for Licensed Athletic Trainers: 1.0 Approved BOC CE

Presentation Description:

As reported concussions continue to increase at all levels of sport, plaintiffs are bringing more and more lawsuits against athletic trainers, claiming that they failed to meet the standard of care. The increasing popularity of these suits is attributable to the general public becoming more knowledgeable of the long-term impacts of concussions coupled with the fears of chronic traumatic encephalopathy (“CTE”) and other latent brain diseases. Of course, plaintiffs’ attorneys are more than happy to continue to target these head injury cases.

In what is becoming a terrifying trend for defendants, including ATs, today’s reality is that following a catastrophic head injury in the sports’ context, the first question becomes who, other than the injured athlete, is responsible for that catastrophic outcome. There is no more chalking it up to a freak accident. The next question is who must ultimately pay the injured athlete (or the surviving family) to compensate for that injury.

Once a lawsuit is filed, various questions arise such as: Was the athlete properly educated by the AT about the signs and symptoms of concussions? Was the athlete properly educated about the long-term risks of repetitive concussive and sub-concussive blows? Did the AT follow an accepted return-to-play protocol? Should an AT have conducted additional testing on an injured athlete prior to returning the athlete to game play? Did a coach unduly influence an AT’s best judgment? The key, of course, is to have properly addressed these issues before a lawsuit is filed.

This discussion will apply to the Healthcare Administration and Professional Development Domains of Athletic Training Competencies. At the end of the presentation those in attendance will be able to:

  • Understand and apply the basic legal principles that pertain to an athletic trainer’s responsibilities.
  • Evaluate and clarify an athletic trainer’s plan of care
  • Recognize Title IX issues in the athletic training environment


Steve Pachman, Esq.

Steven is a partner in Montgomery McCracken’s Litigation Department, a member of the Firm’s Management Committee, and Chair of the Catastrophic Sports Injury Defense Practice Group. His practice concentrates on the defense of traumatic brain injury (TBI) cases and catastrophic sports injury matters, and representing individuals and school systems in matters arising out of alleged premature return-to-play decisions and other negligence theories in the sports’ context.

Dylan F. Henry, Esq.

Dylan counsels individuals, school systems, and organizations on catastrophic sports injury matters, the proper management of sport-related concussions and other sport-related injuries, and traumatic brain injury (TBI) matters

Kacie Kergides, Esq.

Kacie is an associate in Montgomery McCracken’s Institutional Response Practice Group as well as its Catastrophic Sports Injury Defense Practice Group. Kacie concentrates her practice on Title IX investigations and advising, institutional response to sex and/or gender-based harassment and misconduct and the adjudication of student, employee and management disputes, and sports injury cases including traumatic brain injury (TBI) litigation



, NJ

Questions? Contact Ryan Stevens, Manager - Athletic Training

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